Surveillance Devices Act 2004 (Cth)

Surveillance Devices Act 2004

No. 152, 2004

Compilation No. 57

Compilation date: 7 January 2025

Includes amendments: Act No. 110, 2024

About this compilation

This compilation

This is a compilation of the Surveillance Devices Act 2004 that shows the text of the law as amended and in force on 7 January 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to set out the powers of Commonwealth law enforcement agencies with respect to surveillance devices and access to, and disruption of, data held in computers, and for related purposes

Part 1Preliminary 1Short title

This Act may be cited as the Surveillance Devices Act 2004.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Purposes

The main purposes of this Act are:
(a)
to establish procedures for law enforcement officers to obtain warrants, emergency authorisations and tracking device authorisations for the installation and use of surveillance devices in relation to criminal investigations and the location and safe recovery of children to whom recovery orders relate; and
(aaa)
to establish procedures for law enforcement officers to obtain warrants and emergency authorisations that:
(i)
are for access to data held in computers; and
(ii)
relate to criminal investigations and the location and safe recovery of children to whom recovery orders relate; and
(aab)
to establish procedures for certain law enforcement officers of the Australian Federal Police or the Australian Crime Commission to obtain warrants and emergency authorisations that:
(i)
authorise the disruption of data held in computers; and
(ii)
are likely to substantially assist in frustrating the commission of relevant offences; and

(aac)
to establish procedures for the chief officer of the Australian Federal Police or the Australian Crime Commission to obtain warrants that:
(i)
authorise access to data held in computers; and
(ii)
will substantially assist in the collection of intelligence that relates to criminal networks of individuals; and
(aad)
to establish procedures for law enforcement officers to obtain warrants for the installation and use of surveillance devices, or for access to data held in computers, in cases where the use of the device or the access to the data would be likely to assist in determining whether to apply for a post‑sentence order; and
(aae)
to establish procedures for law enforcement officers to obtain warrants for the installation and use of surveillance devices, or for access to data held in computers, in cases where a Part 5.3 supervisory order is in force, and the use of the device or the access to the data would be likely to substantially assist in:
(i)
achieving a Part 5.3 object; or
(ii)
determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and
(aaf)
to establish procedures for law enforcement officers to obtain tracking device authorisations for the use of tracking devices in cases where a Part 5.3 supervisory order is in force in relation to a person, and the use of a tracking device is to obtain information relating to the person for either of the following purposes:
(i)
achieving a Part 5.3 object;
(ii)
determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and
(aag)
to establish procedures for law enforcement officers to obtain warrants for the installation and use of surveillance devices, or for access to data held in computers, in cases where a community safety supervision order is in force, and the use of the device or the access to the data would be likely to substantially assist in:
(i)
achieving a Part 9.10 object; or
(ii)
determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and
(aah)
to establish procedures for law enforcement officers to obtain tracking device authorisations for the use of tracking devices in cases where a community safety supervision order is in force in relation to a person, and the use of a tracking device is to obtain information relating to the person for either of the following purposes:
(i)
achieving a Part 9.10 object;
(ii)
determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and
(b)
to restrict the use, communication and publication of information that is obtained through the use of surveillance devices or that is otherwise connected with surveillance device operations; and
(ba)
to restrict the use, communication and publication of information that is obtained through accessing or disrupting data held in computers or that is otherwise connected with computer data access operations or computer data disruption operations; and
(c)
to impose requirements for the secure storage and destruction of records, and the making of reports, in connection with surveillance device operations, computer data access operations and computer data disruption operations.

4Relationship to other laws and matters

(1)
Except where there is express provision to the contrary, this Act is not intended to affect any other law of the Commonwealth, any law of a State, or any law of a self‑governing Territory, that:
(a)
prohibits or regulates the use of surveillance devices; or
(b)
prohibits or regulates access to data held in computers; or
(c)
prohibits or regulates disruption of data held in computers.
(2)
For the avoidance of doubt, except where express provision is made to the contrary, nothing in this Act applies to any body, organisation or agency, however described, that is involved in the collection of information or intelligence.
(3)
This Act is not intended to limit a discretion that a court has:
(a)
to admit or exclude evidence in any proceeding; or
(b)
to stay criminal proceedings in the interests of justice.
(4)
For the avoidance of doubt, it is intended that a warrant may be issued, or an emergency authorisation or tracking device authorisation given, under this Act for the installation, use, maintenance or retrieval of a surveillance device in relation to a relevant offence or a recovery order.
(4A)
For the avoidance of doubt, it is intended that a warrant may be issued, or an emergency authorisation given, under this Act:
(a)
for access to data held in a computer; and
(b)
in relation to a relevant offence or a recovery order.
(4B)
For the avoidance of doubt, it is intended that a warrant may be issued, or an emergency authorisation given, under this Act:
(a)
for access to, and disruption of, data held in a computer; and
(b)
in relation to one or more relevant offences.

(4C)
For the avoidance of doubt, it is intended that a warrant may be issued under this Act:
(a)
for access to data held in a computer; and
(b)
in relation to the collection of intelligence that relates to a criminal network of individuals.

(5)
To avoid doubt, it is intended that a warrant may be issued under this Act for the installation, use, maintenance or retrieval of a surveillance device, or for access to data held in a computer, if:
(a)
consideration is being given, will be given, or is likely to be given, as to whether to apply for a post‑sentence order, and the use of the device or the access to the data would be likely to assist in determining whether to apply for the order; or
(b)
a Part 5.3 supervisory order is in force, and the use of the device or the access to the data would be likely to substantially assist in:
(i)
achieving a Part 5.3 object; or
(ii)
determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.
(6)
To avoid doubt, a tracking device authorisation may be given under this Act for the use of a tracking device to obtain information relating to a person if:
(a)
a Part 5.3 supervisory order is in force in relation to the person; and
(b)
the use is for either of the following purposes:
(i)
achieving a Part 5.3 object;
(ii)
determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.
(7)
To avoid doubt, it is intended that a warrant may be issued under this Act for the installation, use, maintenance or retrieval of a surveillance device, or for access to data held in a computer, if:
(a)
consideration is being given, will be given, or is likely to be given, as to whether to apply for a Part 9.10 order, and the use of the device or the access to the data would be likely to assist in determining whether to apply for the order; or
(b)
a community safety supervision order is in force, and the use of the device or the access to the data would be likely to substantially assist in:
(i)
achieving a Part 9.10 object; or
(ii)
determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with.
(8)
To avoid doubt, a tracking device authorisation may be given under this Act for the use of a tracking device to obtain information relating to a person if:
(a)
a community safety supervision order is in force in relation to the person; and
(b)
the use is for either of the following purposes:
(i)
achieving a Part 9.10 object;
(ii)
determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with.

5Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

6Definitions

(1)
In this Act:
AFP Minister has the meaning given by section 100.1 of the Criminal Code.
applicant for a warrant means the law enforcement officer who applies, or on whose behalf an application is made, for the warrant.
appropriate authorising officer:
(a)
of a law enforcement agency—has the meaning given by subsection 6A(4); or
(b)
in relation to a law enforcement officer belonging to or seconded to a law enforcement agency—means an appropriate authorising officer of the law enforcement agency.
Note: See also subsection (4) of this section (persons who belong or are seconded to the Australian Crime Commission or the National Anti‑Corruption Commission).
carrier means:
(a)
a carrier within the meaning of the Telecommunications Act 1997; or
(b)
a carriage service provider within the meaning of that Act.
chief officer has the meaning given by subsection 6A(2).
communication in transit means a communication (within the meaning of the Telecommunications Act 1997) passing over a telecommunications network (within the meaning of that Act).
community safety detention order has the same meaning as in Division 395 of the Criminal Code.
community safety supervision order has the same meaning as in Division 395 of the Criminal Code.
computer means all or part of:
(a)
one or more computers; or
(b)
one or more computer systems; or
(c)
one or more computer networks; or
(d)
any combination of the above.
computer access warrant means a warrant issued under section 27C or subsection 35A(4) or (5).
confirmed control order has the same meaning as in Part 5.3 of the Criminal Code.
control order has the same meaning as in Part 5.3 of the Criminal Code.
criminal network of individuals has the meaning given by section 7A.
data includes:
(a)
information in any form; and
(b)
any program (or part of a program).
data disruption intercept information has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
data disruption warrant means a warrant issued under section 27KC or subsection 35B(2) or (3).
data held in a computer includes:
(a)
data held in any removable data storage device for the time being held in a computer; and
(b)
data held in a data storage device on a computer network of which the computer forms a part.
data storage device means a thing (for example, a disk or file server) containing (whether temporarily or permanently), or designed to contain (whether temporarily or permanently), data for use by a computer.
data surveillance device means any device or program capable of being used to record or monitor the input of information into, or the output of information from, an electronic device for storing or processing information, but does not include an optical surveillance device.
detained in custody in a prison has the meaning given by section 100.1 of the Criminal Code.
device includes instrument, apparatus and equipment.
digital currency has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.
disciplinary proceeding:
(a)
means a proceeding of a disciplinary nature under a law of the Commonwealth or of a State or Territory; and
(b)
includes action taken under Subdivision D of Division 3 of Part V of the Australian Federal Police Act 1979.
disrupting data held in a computer means adding, copying, deleting or altering data held in the computer.
Note: This expression is used in the provisions of this Act that relate to:
(a) data disruption warrants; or
(b) emergency authorisations for disruption of data held in a computer.
electronically linked group of individuals means a group of 2 or more individuals, where each individual in the group does, or is likely to do, either or both of the following things:
(a)
use the same electronic service as at least one other individual in the group;
(b)
communicate with at least one other individual in the group by electronic communication.
electronic communication means a communication of information:
(a)
whether in the form of text; or
(b)
whether in the form of data; or
(c)
whether in the form of speech, music or other sounds; or
(d)
whether in the form of visual images (animated or otherwise); or
(e)
whether in any other form; or
(f)
whether in any combination of forms;
by means of guided and/or unguided electromagnetic energy.
electronic service has the same meaning as in Part 15 of the Telecommunications Act 1997.
eligible Judge means an eligible Judge within the meaning of section 12.
emergency authorisation means an emergency authorisation given under Part 3.
emergency authorisation for access to data held in a computer means an emergency authorisation given in response to an application under subsection 28(1A), 29(1A) or 30(1A).
emergency authorisation for disruption of data held in a computer means an emergency authorisation given in response to an application under subsection 28(1C).
engage in a hostile activity has the same meaning as in Part 5.3 of the Criminal Code.
enhancement equipment, in relation to a surveillance device, means equipment capable of enhancing a signal, image or other information obtained by the use of the surveillance device.
executive level has the meaning given by subsection 6A(8).
extended supervision order has the meaning given by section 105A.2 of the Criminal Code.
federal law enforcement officer means a law enforcement officer mentioned in column 3 of the table in subsection 6A(6).
foreign country, when used in the expression hostile activity in a foreign country, has the same meaning as in the Criminal Code.
general computer access intercept information has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
IGIS official means:
(a)
the Inspector‑General of Intelligence and Security; or
(b)
any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
Immigration and Border Protection Department means the Department administered by the Minister administering the Australian Border Force Act 2015.
Immigration Minister means the Minister administering the Migration Act 1958.
Independent Commission Against Corruption means the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 of New South Wales.
inspecting officer means a person appointed by the Ombudsman under section 54 to be an inspecting officer.
install includes attach.
integrity authority means:
(a)
an integrity testing controlled operations authority under Part IAB of the Crimes Act 1914 authorising a controlled operation under that Part; or
(b)
an integrity testing authority under Part IABA of the Crimes Act 1914 authorising an integrity testing operation under that Part.
integrity operation means:
(a)
a controlled operation authorised by an integrity testing controlled operation authority granted under Part IAB of the Crimes Act 1914; or
(b)
an integrity testing operation authorised by an integrity testing authority granted under Part IABA of the Crimes Act 1914.
intercepting a communication passing over a telecommunications system has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
interim control order has the same meaning as in Part 5.3 of the Criminal Code.
interim supervision order has the meaning given by section 105A.2 of the Criminal Code.
international assistance application means:
(a)
an application for a surveillance device warrant; or
(b)
an application for a computer access warrant;
made under an international assistance authorisation.
international assistance authorisation means:
(a)
an authorisation under subsection 15CA(1) or 15CC(1) of the Mutual Assistance in Criminal Matters Act 1987; or
(b)
an authorisation under subsection 79A(1) of the International Criminal Court Act 2002; or
(c)
an authorisation under subsection 32A(1) of the International War Crimes Tribunals Act 1995.
International Criminal Court has the same meaning as ICC in the International Criminal Court Act 2002.
investigative proceeding has the same meaning as in the Mutual Assistance in Criminal Matters Act 1987.
law enforcement agency has the meaning given by subsection 6A(1).
law enforcement officer has the meaning given by subsection 6A(3).
listening device means any device capable of being used to overhear, record, monitor or listen to a conversation or words spoken to or by any person in conversation, but does not include a hearing aid or similar device used by a person with impaired hearing to overcome the impairment and permit that person to hear only sounds ordinarily audible to the human ear.
maintain, in relation to a surveillance device, includes:
(a)
adjust, relocate, repair or service the device; and
(b)
replace a faulty device.
member of the staff, in relation to the Independent Commission Against Corruption of South Australia, means a person who is engaged under subsection 12(1) of the Independent Commission Against Corruption Act 2012 (SA).
National Anti‑Corruption Commission officer means a staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022).

network activity warrant means a warrant issued under section 27KM.
network activity warrant intercept information has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
nominated ART member means a person in respect of whom a nomination under section 13 is in force.
offence has a meaning affected by subsection (5).
Ombudsman means the person holding office as the Commonwealth Ombudsman under the Ombudsman Act 1976.
Ombudsman official means:
(a)
the Ombudsman; or
(b)
a Deputy Commonwealth Ombudsman; or
(c)
a person who is a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976.
optical surveillance device means any device capable of being used to record visually or observe an activity, but does not include spectacles, contact lenses or a similar device used by a person with impaired sight to overcome that impairment.
Part 5.3 information has the meaning given by subsection 50A(6).
Part 5.3 object means:
(a)
in relation to a control order—any of the following:
(i)
the protection of the public from a terrorist act;
(ii)
the prevention of the provision of support for, or the facilitation of, a terrorist act;
(iii)
the prevention of the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or
(b)
in relation to an extended supervision order or interim supervision order in relation to a person—the protection of the community from the unacceptable risk of the person committing a serious Part 5.3 offence.
Part 5.3 supervisory order means:
(a)
a control order; or
(b)
an extended supervision order or an interim supervision order.
Note: In Part 5.3 of the Criminal Code, a control order means an interim control order or a confirmed control order (see subsection 100.1(1) of the Criminal Code).
Part 5.3 warrant means a surveillance device warrant or computer access warrant:
(a)
issued to determine whether to apply for a post‑sentence order; or
(b)
issued in relation to a Part 5.3 supervisory order that is or was in force.
Part 9.10 information has the meaning given by subsection 50A(6).
Part 9.10 object means the protection of the community from serious harm by addressing the unacceptable risk of a serious offender committing a serious violent or sexual offence.
Part 9.10 order means a community safety detention order or a community safety supervision order.
Part 9.10 warrant means a surveillance device warrant or computer access warrant:
(a)
issued to determine whether to apply for a Part 9.10 order; or
(b)
issued in relation to a community safety supervision order that is or was in force.
post‑sentence detention law means any of the following laws:
(a)
Part 3 of the Terrorism (High Risk Offenders) Act 2017 (NSW);
(b)
Parts 5 and 6 of the Serious Offenders Act 2018 (Vic.);
(c)
Part 3 of the Criminal Law (High Risk Offenders) Act 2015 (SA);
(d)
any other law, or part of a law, of a State or Territory prescribed by the regulations.
post‑sentence order means a continuing detention order, an interim detention order, an extended supervision order, or an interim supervision order, under Division 105A of the Criminal Code.
post‑sentence supervision law means any of the following laws:
(a)
Part 2 of the Terrorism (High Risk Offenders) Act 2017 (NSW);
(b)
Parts 3 and 4 of the Serious Offenders Act 2018 (Vic.);
(c)
Part 2 of the Criminal Law (High Risk Offenders) Act 2015 (SA);
(d)
any other law, or part of a law, of a State or Territory prescribed by the regulations.
premises includes:
(a)
land; and
(b)
a building or vehicle; and
(c)
a part of a building or vehicle; and
(d)
any place, whether built on or not;
whether within or beyond Australia.
preventative detention order law means:
(a)
Division 105 of the Criminal Code; or
(b)
Part 2A of the Terrorism (Police Powers) Act 2002 (NSW); or
(c)
Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.); or
(d)
the Terrorism (Preventative Detention) Act 2005 (Qld); or
(e)
the Terrorism (Preventative Detention) Act 2006 (WA); or
(f)
the Terrorism (Preventative Detention) Act 2005 (SA); or
(g)
the Terrorism (Preventative Detention) Act 2005 (Tas.); or
(h)
Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT); or
(i)
Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT).
prosecution, in relation to a criminal offence, includes all stages in the prosecution of that offence, including a committal hearing.
protected information has the meaning given in section 44.
protected network activity warrant information has the meaning given by section 44A.
public officer means a person employed by, or holding an office established by or under a law of, the Commonwealth, a State or a Territory or a person employed by a public authority of the Commonwealth, a State or a Territory.
record includes:
(a)
an audio, visual or audio‑visual record; and
(b)
a record in digital form; and
(c)
a documentary record prepared from a record referred to in paragraph (a) or (b).
recovery order means:
(a)
an order under section 67U of the Family Law Act 1975; or
(b)
an order for a warrant for the apprehension or detention of a child under subregulation 15(1) or 25(4) of the Family Law (Child Abduction Convention) Regulations 1986.
relevant offence means:
(a)
an offence against the law of the Commonwealth that is punishable by a maximum term of imprisonment of 3 years or more or for life; or
(b)
an offence against a law of a State that has a federal aspect and that is punishable by a maximum term of imprisonment of 3 years or more or for life; or
(c)
an offence against section 15 of the repealed Financial Transaction Reports Act 1988; or
(ca)
an offence against section 53, former section 59 or section 139, 140 or 141 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or
(d)
an offence against section 100, 100A, 100B, 101, 101A or 101AA of the Fisheries Management Act 1991; or
(da)
an offence against section 46A, 46C, 46D, 49A or 51A of the Torres Strait Fisheries Act 1984; or
(db)
if a surveillance device warrant, a computer access warrant, or a tracking device authorisation, is issued or given (or is sought) for the purposes of an integrity operation in relation to a suspected offence against the law of the Commonwealth, or of a State or Territory, that is punishable by a maximum term of imprisonment of 12 months or more or for life—that offence; or
(e)
an offence that is prescribed by the regulations.
relevant proceeding means:
(a)
the prosecution of a relevant offence; or
(b)
a proceeding for the confiscation, forfeiture or restraint of property, or for the imposition of a pecuniary penalty, in connection with a relevant offence, and any related proceeding; or
(c)
a proceeding for the protection of a child or intellectually impaired person; or
(d)
a proceeding concerning the validity of a warrant, an emergency authorisation or a tracking device authorisation; or
(e)
a disciplinary proceeding against a public officer; or
(f)
a coronial inquest or inquiry if, in the opinion of the coroner, the event that is the subject of the inquest or inquiry may have resulted from the commission of a relevant offence; or
(g)
a proceeding under subsection 13(2) of the Mutual Assistance in Criminal Matters Act 1987 in relation to a criminal matter that concerns an offence against the laws of the foreign country that made the request resulting in the proceeding, being an offence punishable by a maximum term of imprisonment of 3 years or more, by imprisonment for life or by the death penalty; or
(h)
the authorisation, under section 13A of the Mutual Assistance in Criminal Matters Act 1987, of material to be made available to a foreign country for use in the investigation into, or proceedings in relation to, an offence against the laws of that country; or
(i)
proceedings for an order under section 67X of the Family Law Act 1975; or
(j)
a proceeding for the taking of evidence under section 43 of the Extradition Act 1988, in so far as the proceeding relates to a relevant offence; or
(k)
a proceeding under Division 1 of Part 4 of the International War Crimes Tribunals Act 1995; or
(l)
a proceeding of the International Criminal Court; or
(m)
a proceeding by way of a bail application that relates to a prosecution for a relevant offence; or
(n)
a proceeding for review of a decision to refuse such a bail application; or
(o)
a proceeding for review of a decision to grant such a bail application; or
(oa)
a proceeding under, or related to a matter arising under, Division 105A of the Criminal Code (post‑sentence orders) or Division 395 of the Criminal Code (community safety orders); or
(p)
a proceeding in relation to an application under subsection 34B(1) of the Australian Crime Commission Act 2002 in respect of contempt of the Australian Crime Commission; or
(q)
a proceeding under, or a proceeding relating to a matter arising under, Division 104 of the Criminal Code (Control orders); or
(r)
a proceeding under, or a proceeding relating to a matter arising under, a preventative detention order law, so far as the proceeding relates to a preventative detention order (within the meaning of that preventative detention order law); or
(s)
a proceeding under, or a proceeding relating to a matter arising under, a post‑sentence detention law or a post‑sentence supervision law.
remote application for a warrant means an application referred to in section 15, 23, 27B, 27KB or 27KL.
report of a conversation or activity includes a report of the substance, meaning or purport of the conversation or activity.
retrieval warrant means a warrant issued under Division 3 of Part 2.
serious offender has the same meaning as in Division 395 of the Criminal Code.
serious Part 5.3 offence has the meaning given by section 105A.2 of the Criminal Code.
serious violent or sexual offence has the same meaning as in Division 395 of the Criminal Code.
State offence that has a federal aspect has the meaning given by section 7.
State or Territory law enforcement officer means a law enforcement officer mentioned in column 3 of the table in subsection 6A(7).
succeeding community safety supervision order has the meaning given by section 6F.
succeeding Part 5.3 supervisory order has the meaning given by section 6D.
superior Court Judge means:
(a)
a Judge of the Federal Court of Australia; or
(b)
a Judge of the Federal Circuit and Family Court of Australia (Division 1).
surveillance device means:
(a)
a data surveillance device, a listening device, an optical surveillance device or a tracking device; or
(b)
a device that is a combination of any 2 or more of the devices referred to in paragraph (a); or
(c)
a device of a kind prescribed by the regulations.
surveillance device warrant means a warrant issued under Division 2 of Part 2 or under subsection 35(4) or (5).
sworn includes affirmed.
target agency means any of the following:
(a)
the Australian Federal Police;
(b)
the Australian Crime Commission;
(c)
the Immigration and Border Protection Department;
(d)
any other Commonwealth agency (within the meaning of the National Anti‑Corruption Commission Act 2022).
telecommunications facility means a facility within the meaning of the Telecommunications Act 1997.
terrorist act has the same meaning as in Part 5.3 of the Criminal Code.
terrorist offender has the meaning given by section 105A.2 of the Criminal Code.
tracking device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object.
tracking device authorisation means a permission given under section 39 by an appropriate authorising officer for a law enforcement officer to use or retrieve a tracking device without a warrant.
unsworn application for a warrant means an application referred to in subsections 14(6) and (7), 22(4) and (5), 27A(9) and (10), 27A(11) and (12), 27A(13), (13A) and (14), 27KA(4) and (5) or 27KK(5) and (6).
use of a surveillance device includes use of the device to record a conversation or other activity.
vehicle includes aircraft and vessel.
War Crimes Tribunal has the same meaning as Tribunal in the International War Crimes Tribunals Act 1995.
warrant means:
(a)
a surveillance device warrant; or
(b)
a retrieval warrant; or
(c)
a computer access warrant; or
(d) a data disruption warrant; or
(e)
a network activity warrant.
(2)
In this Act, a reference to the law enforcement officer primarily responsible for executing a warrant, emergency authorisation or tracking device authorisation is, subject to subsection (3), a reference to:
(a)
the person named in the warrant or authorisation as such a person; or
(b)
if there is no such person named—the person nominated as such a person by the chief officer of the agency concerned;
whether or not that person is physically present for any step in the execution of the warrant or authorisation.
(3)
If the chief officer of a law enforcement agency becomes satisfied that a law enforcement officer of the agency who is, under subsection (2) or under a previous operation of this subsection, the law enforcement officer primarily responsible for executing a warrant, emergency authorisation or tracking device authorisation, ceases, for any reason, to have responsibility for executing the warrant or authorisation:
(a)
the chief officer may, by instrument in writing, nominate another person as the law enforcement officer primarily responsible for executing the warrant or authorisation; and
(b)
with effect from the execution of the instrument or such later time as is specified in the instrument, that other person becomes the law enforcement officer primarily responsible for executing the warrant or authorisation.
(4)
In this Act:
(a)
a reference to a person who belongs or is seconded to a law enforcement agency, in the case of the Australian Crime Commission, is a reference to any person who is covered by a paragraph of the definition of member of the staff of the ACC in section 4 of the Australian Crime Commission Act 2002; and
(b)
a reference to a person who belongs or is seconded to the Australian Crime Commission is to be similarly construed; and
(c)
a reference to a person who belongs or is seconded to a law enforcement agency, in the case of the National Anti‑Corruption Commission, is a reference to a National Anti‑Corruption Commission officer; and
(d)
a reference to a person who belongs or is seconded to the National Anti‑Corruption Commission is to be similarly construed.
(5)
To avoid doubt, a reference in this Act to an offence in relation to:
(a)
an international assistance authorisation that is an authorisation under subsection 79A(1) of the International Criminal Court Act 2002; or
(b)
an international assistance application that is related to such an authorisation;
is a reference to a crime within the jurisdiction of the ICC (within the meaning of that Act).

6ALaw enforcement agencies

(1)
A body or officer mentioned in an item of column 1 of the table in subsection (6) or (7) is a law enforcement agency.
(2)
The chief officer, of the law enforcement agency, is the person mentioned in column 2 of the item.
(3)
A law enforcement officer, in relation to the law enforcement agency, is a person mentioned in column 3 of the item.
(4)
An appropriate authorising officer, of the law enforcement agency, is a person mentioned in column 4 of the item.
(5)
The chief officer of the law enforcement agency may authorise, in writing, a person to be an appropriate authorising officer of the agency if column 4 of the item so provides.
(6)
This table deals with federal law enforcement agencies:

Federal law enforcement agencies
Column 1	Column 2	Column 3	Column 4
Law enforcement agency	Chief officer	Law enforcement officer	Appropriate authorising officer
5	Australian Federal Police	the Commissioner of Police	(a) the Commissioner of Police; or (b) a Deputy Commissioner of Police; or (c) an AFP employee (within the meaning of the Australian Federal Police Act 1979); or (d) a special member; or (e) a person seconded to the Australian Federal Police	(a) the Commissioner of Police; or (b) a Deputy Commissioner of Police; or (c) a senior executive AFP employee the chief officer authorises under subsection (5)
10	National Anti‑Corruption Commission	the National Anti‑Corruption Commissioner	(a) the National Anti‑Corruption Commissioner; or (b) a Deputy Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or (c) a National Anti‑Corruption Commission officer authorised under section 6B	(a) the National Anti‑Corruption Commissioner; or (b) a Deputy Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or (c) a National Anti‑Corruption Commission officer who is an SES employee the chief officer authorises under subsection (5)
15	Australian Crime Commission	the Chief Executive Officer of the Commission	(a) the Chief Executive Officer; or (b) a person covered by a paragraph of the definition of member of the staff of the ACC in section 4 of the Australian Crime Commission Act 2002	(a) the Chief Executive Officer; or (b) an executive level member of the staff of the ACC the chief officer authorises under subsection (5)

(7)
This table deals with State and Territory law enforcement agencies:

State and Territory law enforcement agencies
Column 1	Column 2	Column 3	Column 4
Law enforcement agency	Chief officer	Law enforcement officer	Appropriate authorising officer
5	police force of a State or Territory	the Commissioner of Police in the police force, or the person holding equivalent rank	(a) an officer (however described) of the police force; or (b) a person seconded to the police force	(a) the Commissioner or the person holding equivalent rank; or (b) an Assistant Commissioner or a person holding equivalent rank; or (c) a Superintendent or a person holding equivalent rank
10	Independent Commission Against Corruption of New South Wales	the Chief Commissioner of the Commission	an officer of the Commission (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW))	(a) the Chief Commissioner; or (b) a Commissioner; or (c) an Assistant Commissioner; or (d) an executive level officer of the Commission whom the chief officer authorises under subsection (5)
15	New South Wales Crime Commission	the Commissioner for the Commission	(a) a member of the Commission; or (b) a member of the staff of the Commission; (within the meaning of the New South Wales Crime Commission Act 1985 (NSW))	(a) a member of the Commission; or (b) an executive level member of the Staff of the Commission the chief officer authorises under subsection (5)
20	Law Enforcement Conduct Commission of New South Wales	the Chief Commissioner of the Commission	an officer of the Commission (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW))	(a) the Chief Commissioner; or (b) the Commissioner for Integrity; or (c) an Assistant Commissioner, or an executive level member of staff of the Commission (within the meaning of that Act), the chief officer authorises under subsection (5)
22	Independent Broad‑based Anti‑corruption Commission of Victoria	the Commissioner of the Commission	an IBAC Officer (within the meaning of the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.))	(a) the Commissioner; or (b) a Deputy Commissioner of the Commission; or (c) the Chief Executive Officer of the Commission; or (d) an executive level sworn IBAC Officer (within the meaning of that Act) the chief officer authorises under subsection (5)
25	Crime and Corruption Commission of Queensland	the chairman of the Commission	an authorised commission officer (within the meaning of the Crime and Corruption Act 2001 (Qld))	(a) the chairman; or (b) a senior executive officer (within the meaning of that Act)
30	Corruption and Crime Commission of Western Australia	the Commissioner of the Commission	an officer of the Commission (within the meaning of the Corruption and Crime Commission Act 2003 (WA))	the Commissioner
35	Independent Commission Against Corruption of South Australia	the Commissioner of the Commission	(a) the Commissioner; or (b) the Deputy Commissioner; or (c) a member of the staff of the Commission; or (d) an examiner or investigator (within the meaning of the Independent Commission Against Corruption Act 2012 (SA)) of the Commission

(a) the Commissioner; or

(b) the Deputy Commissioner; or

(c) an executive level member of the staff of the Commission the chief officer authorises under subsection (5)

(8)
A person is executive level, in relation to a law enforcement agency of a State, if the person occupies an office or position at an equivalent level to that of:
(a)
if the State is New South Wales—a Public Service senior executive (within the meaning of the Government Sector Employment Act 2013 (NSW)); or
(aa)
if the State is Victoria—an executive (within the meaning of the Public Administration Act 2004 (Vic.)); or
(b)
if the State is South Australia—an executive employee (within the meaning of the Public Sector Act 2009 (SA)).

6BAuthorisation of law enforcement officer

The National Anti‑Corruption Commissioner may authorise, in writing, a National Anti‑Corruption Commission officer to be a law enforcement officer of the National Anti‑Corruption Commission.

6CWhen a Part 5.3 supervisory order is taken to be in force

For the purposes of this Act, a Part 5.3 supervisory order is taken to be in force in relation to a person if:
(a)
the order is a control order that has been made but has not yet come into force because:
(i)
it has not been served on the person; or
(ii)
the person is detained in custody in a prison; or
(b)
the order is an extended supervision order or an interim supervision order that has been made but the period specified in the order under paragraph 105A.7A(4)(d) or 105A.9A(7)(c) of the Criminal Code has not yet begun.

6DSucceeding Part 5.3 supervisory orders

(1)
If 2 or more successive control orders are made in relation to the same person, each later control order is a succeeding Part 5.3 supervisory order in relation to each earlier control order.
Note: If an interim control order is confirmed, the confirmed control order is a succeeding Part 5.3 supervisory order in relation to the interim control order (see the definition of control order in section 6).
(2)
If an interim supervision order is made in relation to a person, any later extended supervision order in relation to the person is a succeeding Part 5.3 supervisory order in relation to an earlier interim supervision order.
(3)
If 2 or more successive extended supervision orders or interim supervision orders are made in relation to the same person, each later extended supervision order or interim supervision order is a succeeding Part 5.3 supervisory order in relation to each earlier extended supervision order or interim supervision order.

6EWhen a community safety supervision order is taken to be in force

For the purposes of this Act, a community safety supervision order is taken to be in force in relation to a person if the order has been made but the period specified in the order under paragraph 395.13(5)(d) of the Criminal Code has not yet begun.

6FSucceeding community safety supervision order

(1)
If a community safety supervision order is made in relation to a person, any later community safety supervision order in relation to the person is a succeeding community safety supervision order in relation to an earlier community safety supervision order.
(2)
If 2 or more successive community safety supervision orders are made in relation to the same person, each later community safety supervision order is a succeeding community safety supervision order in relation to each earlier community safety supervision order.

7State offence that has a federal aspect

An offence against a law of a State is taken, for the purposes of this Act, to be a State offence that has a federal aspect:
(a)
in a case where the offence is being investigated by the Australian Federal Police—if it would be taken to be a State offence that has a federal aspect under section 4AA of the Australian Federal Police Act 1979; and
(b)
in a case where the offence is being investigated by the Australian Crime Commission—if it would be taken to be a State offence that has a federal aspect under section 4A of the Australian Crime Commission Act 2002; and
(c)
in any other case—if it would be taken to be a State offence that has a federal aspect if either of the sections referred to in paragraphs (a) and (b) were to apply.

7ACriminal network of individuals

(1)
For the purposes of this Act, a criminal network of individuals is an electronically linked group of individuals, where:
(a)
in a case where each individual in the group uses, or is likely to use, the same electronic service as at least one other individual in the group—the use of that electronic service enables any of the individuals in the group to:
(i)
engage in conduct that constitutes a relevant offence; or
(ii)
communicate with any of the individuals in the group about any of the individuals in the group engaging in conduct that constitutes a relevant offence; or
(iii)
facilitate the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or
(iv)
communicate with any of the individuals in the group about facilitating the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or
(b)
in a case where each individual in the group communicates with at least one other individual in the group by electronic communication—the electronic communication enables any of the individuals in the group to:
(i)
engage in conduct that constitutes a relevant offence; or
(ii)
communicate with any of the individuals in the group about any of the individuals in the group engaging in conduct that constitutes a relevant offence; or
(iii)
facilitate the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or
(iv)
communicate with any of the individuals in the group about facilitating the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence.
(2)
For the purposes of subsection (1), it is immaterial whether:
(a)
the identities of the individuals in the group can be ascertained; or
(b)
the details of the relevant offences can be ascertained; or
(c)
there are likely to be changes, from time to time, in the composition of the group.

8External Territories

This Act extends to every external Territory.

9Binding the Crown

(1)
This Act binds the Crown in each of its capacities.
(2)
This Act does not make the Crown liable to be prosecuted for an offence.

Part 2WarrantsDivision 1Introduction10Types of warrant

(1)
The following types of warrant may be issued under this Part:
(a)
a surveillance device warrant;
(b)
a retrieval warrant;
(c)
a computer access warrant;
(d)
a data disruption warrant;
(e)
a network activity warrant.
(2)
A surveillance device warrant or a retrieval warrant may be issued:
(a)
in respect of more than one kind of surveillance device; and
(b)
in respect of more than one surveillance device of any particular kind.

11Who may issue etc. warrants?

(1)
Any warrant under this Part may be issued by:
(a)
in relation to an application for a warrant by a law enforcement officer of the National Anti‑Corruption Commission—an eligible Judge; or
(b)
otherwise—an eligible Judge or a nominated ART member.
Warrants issued to law enforcement officers of the NACC
(2)
An application made under this Part by a law enforcement officer of the National Anti‑Corruption Commission may be made only to an eligible Judge.
Note: An application under this Part may be for a warrant, or to extend or vary a warrant.
(3)
A warrant issued under this Part to a law enforcement officer of the National Anti‑Corruption Commission may be revoked only by an eligible Judge.
Note: Warrants may be revoked under this Part by an eligible Judge or nominated ART member on their own initiative. As a result of this subsection, warrants issued to law enforcement officers of the National Anti‑Corruption Commission may be revoked only by an eligible Judge.

12Eligible Judges

(1)
In this section, unless the contrary intention appears:
eligible Judge means a person:
(a)
in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force; and
(b)
in relation to any of the following issued to, or applied for by, a law enforcement officer of the National Anti‑Corruption Commission—who is a superior Court Judge:
(i)
a warrant;
(ii)
an emergency authorisation;
(iii)
an assistance order (within the meaning of subsection 64A(1)).
Judge means a person who is a Judge of a court created by the Parliament.
(2)
A Judge may, by writing, consent to be declared an eligible Judge under subsection (3) by the Minister referred to in that subsection.
(3)
The Minister administering the Judiciary Act 1903 may, by writing, declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this Act.
(4)
Any function or power conferred on the Judge under this Act is so conferred only in a personal capacity and not as a court or a member of a court.
(5)
An eligible Judge has, in relation to the performance or exercise of a function or power conferred on an eligible Judge by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.
(6)
An instrument declaring a Judge to be an eligible Judge is not a legislative instrument.

13Nominated ART members

(1)
The Minister administering the Administrative Review Tribunal Act 2024 (the ART Minister) may, by writing, nominate a person who holds one of the following appointments to the Administrative Review Tribunal to issue warrants (except to law enforcement officers of the National Anti‑Corruption Commission) under this Part:
(a)
Deputy President;
(b)
a senior member;
(c)
a general member.
(2)
Despite subsection (1), the ART Minister must not nominate a person who holds an appointment as a senior member on a sessional basis, or as a general member, of the Tribunal unless the person:
(a)
is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and
(b)
has been so enrolled for not less than 5 years.
(3)
A nomination ceases to have effect if:
(a)
the nominated ART member ceases to hold an appointment described in subsection (1); or
(b)
the ART Minister, by writing, withdraws the nomination.
(4)
A nominated ART member has, in relation to the performance or exercise of a function or power conferred on a nominated ART member by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

Division 2Surveillance device warrants14Application for surveillance device warrant

Warrants sought for offence investigations
(1)
A law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if the law enforcement officer suspects on reasonable grounds that:
(a)
one or more relevant offences have been, are being, are about to be, or are likely to be, committed; and
(b)
an investigation into those offences is being, will be, or is likely to be, conducted; and
(c)
the use of a surveillance device is necessary in the course of that investigation for the purpose of enabling evidence to be obtained of the commission of the relevant offences or the identity or location of the offenders.
(2)
If the application is being made by or on behalf of a State or Territory law enforcement officer, the reference in subsection (1) to a relevant offence does not include a reference to a State offence that has a federal aspect.
Warrants sought for recovery orders
(3)
A law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if:
(a)
a recovery order is in force; and
(b)
the law enforcement officer suspects on reasonable grounds that the use of a surveillance device may assist in the location and safe recovery of the child to whom the recovery order relates.
Warrants sought for international assistance investigations
(3A)
A law enforcement officer (or a person on his or her behalf) may apply for the issue of a surveillance device warrant if he or she:
(a)
is authorised to do so under an international assistance authorisation; and
(b)
suspects on reasonable grounds that the use of a surveillance device is necessary, in the course of the investigation, proceeding or investigative proceeding to which the authorisation relates, for the purpose of enabling evidence to be obtained of:
(i)
the commission of an offence to which the authorisation relates; or
(ii)
the identity or location of the persons suspected of committing the offence.
Warrants sought for integrity operations
(3B)
A federal law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if:
(a)
an integrity authority is in effect authorising an integrity operation in relation to an offence that it is suspected has been, is being or is likely to be committed by a staff member of a target agency; and
(b)
the federal law enforcement officer suspects on reasonable grounds that the use of a surveillance device will assist the conduct of the integrity operation by:
(i)
recording or monitoring the operation; and
(ii)
enabling evidence to be obtained relating to the commission of the offence or the integrity, location or identity of any staff member of the target agency.
Warrants sought for post‑sentence order applications
(3BA)
A law enforcement officer (or another person on the officer’s behalf) may apply for the issue of a surveillance device warrant if:
(a)
a person is a terrorist offender in relation to whom an application for a post‑sentence order could be made; and
(b)
the person is detained in custody in a prison; and
(c)
the officer suspects on reasonable grounds that there is an appreciable risk of the person committing a serious Part 5.3 offence; and
(d)
consideration is being given, will be given, or is likely to be given, by the AFP Minister (or a person on behalf of the AFP Minister), as to whether to apply for a post‑sentence order in relation to the person; and
(e)
the officer suspects on reasonable grounds that the use of a surveillance device to obtain information would be likely to assist in determining whether to apply for the post‑sentence order.
Warrants sought for Part 5.3 supervisory orders
(3C)
A law enforcement officer (or another person on his or her behalf) may apply for the issue of a surveillance device warrant if:
(a)
a Part 5.3 supervisory order is in force in relation to a person; and
(b)
the law enforcement officer suspects on reasonable grounds that the use of a surveillance device to obtain information relating to the person would be likely to substantially assist in:
(i)
achieving a Part 5.3 object; or
(ii)
determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with.
Note: For Part 5.3 supervisory orders that have been made but not come into force, see section 6C.
Warrants sought for Part 9.10 order applications
(3D)
A law enforcement officer (or another person on the officer’s behalf) may apply for the issue of a surveillance device warrant if:
(a)
a person is a serious offender in relation to whom an application for a Part 9.10 order could be made; and
(b)
the officer suspects on reasonable grounds that there is an appreciable risk of the person committing a serious violent or sexual offence; and
(c)
consideration is being given, will be given, or is likely to be given, by the Immigration Minister (or a person on behalf of the Immigration Minister), as to whether to apply for a Part 9.10 order in relation to the person; and
(d)
the officer suspects on reasonable grounds that the use of a surveillance device to obtain information would be likely to assist in determining whether to apply for the Part 9.10 order.
Warrants sought for community safety supervision orders
(3E)
A law enforcement officer (or another person on the officer’s behalf) may apply for the issue of a surveillance device warrant if:
(a)
a community safety supervision order is in force in relation to a person; and
(b)
the law enforcement officer suspects on reasonable grounds that the use of a surveillance device to obtain information relating to the person would be likely to substantially assist in:
(i)
achieving a Part 9.10 object; or
(ii)
determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with.
Note: For community safety supervision orders that have been made but not come into force, see section 6E.
Procedure for making applications
(4)
The application under subsection (1), (3), (3A), (3B), (3BA), (3C), (3D) or (3E) may be made to an eligible Judge or to a nominated ART member.
(5)
An application:
(a)
must specify:
(i)
the name of the applicant; and
(ii)
the nature and duration of the warrant sought, including the kind of surveillance device or devices sought to be authorised; and
(b)
subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought.
(6)
If a law enforcement officer believes that:
(a)
the immediate use of a surveillance device is necessary for a purpose referred to in paragraph (1)(c) or may assist as described in paragraph (3)(b), or would be likely to substantially assist as described in paragraph (3C)(b) or (3E)(b); and
(b)
it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;
an application for a warrant may be made before an affidavit is prepared or sworn.
(7)
If subsection (6) applies, the applicant must:
(a)
provide as much information as the eligible Judge or nominated ART member considers is reasonably practicable in the circumstances; and
(b)
not later than 72 hours after the making of the application, send a duly sworn affidavit to the Judge or member, whether or not a warrant has been issued.

15Remote application

(1)
If a law enforcement officer believes that it is impracticable for an application for a surveillance device warrant to be made in person, the application may be made under section 14 by telephone, fax, email or any other means of communication.
(2)
If transmission by fax is available and an affidavit has been prepared, the person applying must transmit a copy of the affidavit, whether sworn or unsworn, to the eligible Judge or to the nominated ART member who is to determine the application.

16Determining the application

(1)
An eligible Judge or a nominated ART member may issue a surveillance device warrant if satisfied:
(a)
in the case of a warrant sought in relation to a relevant offence—that there are reasonable grounds for the suspicion founding the application for the warrant; and
(b)
in the case of a warrant sought in relation to a recovery order—that such an order is in force and that there are reasonable grounds for the suspicion founding the application for the warrant; and
(ba)
in the case of a warrant sought in relation to an international assistance authorisation—that such an authorisation is in force and that there are reasonable grounds for the suspicion founding the application for the warrant; and
(bb)
in the case of a warrant sought for the purposes of an integrity operation—that the integrity authority for the operation is in effect, and that there are reasonable grounds for the suspicions founding the application for the warrant (as mentioned in paragraphs 14(3B)(a) and (b)); and
(bba)
in the case of a warrant sought to determine whether to apply for a post‑sentence order—that the conditions in paragraphs 14(3BA)(a), (b) and (d) are met, and that there are reasonable grounds for the suspicions founding the application for the warrant (as mentioned in paragraphs 14(3BA)(c) and (e)); and
(bc)
in the case of a warrant sought in relation to a Part 5.3 supervisory order that is in force in relation to a person—that the order is in force in relation to the person, and that there are reasonable grounds for the suspicion founding the application for the warrant (as mentioned in paragraph 14(3C)(b)); and

(bd)
in the case of a warrant sought to determine whether to apply for a Part 9.10 order—that the conditions in paragraphs 14(3D)(a) and (c) are met, and that there are reasonable grounds for the suspicions founding the application for the warrant (as mentioned in paragraphs 14(3D)(b) and (d)); and
(be)
in the case of a warrant sought in relation to a community safety supervision order that is in force in relation to a person—that the order is in force in relation to the person, and that there are reasonable grounds for the suspicion founding the application for the warrant (as mentioned in paragraph 14(3E)(b)); and
(c)
in the case of an unsworn application—that it would have been impracticable for an affidavit to have been sworn or prepared before the application was made; and
(d)
in the case of a remote application—that it would have been impracticable for the application to have been made in person.
Note: For Part 5.3 supervisory orders that have been made but not come into force, see section 6C. For community safety supervision orders that have been made but not come into force, see section 6E.
(2)
In determining whether a surveillance device warrant should be issued, the eligible Judge or nominated ART member must have regard to:
(a)
in the case of a warrant sought in relation to a relevant offence or an international assistance authorisation, or for the purposes of an integrity operation—the nature and gravity of the alleged offence; and
(b)
in the case of a warrant sought to assist in the location and safe recovery of a child to whom a recovery order relates—the circumstances that gave rise to the making of the order; and
(c)
the extent to which the privacy of any person is likely to be affected; and
(d)
the existence of any alternative means of obtaining the evidence or information sought to be obtained; and
(e)
in the case of a warrant sought in relation to a relevant offence or a recovery order, or for the purposes of an integrity operation—the likely evidentiary or intelligence value of any evidence or information sought to be obtained; and
(ea)
in the case of a warrant sought in relation to an international assistance authorisation—the likely evidentiary or intelligence value of any evidence or information sought to be obtained, to the extent that this is possible to determine from information obtained from the international entity to which the authorisation relates; and
(f)
in the case of a warrant sought in relation to a relevant offence or a recovery order—any previous warrant sought or issued under this Division in connection with the same alleged offence or the same recovery order.
(3)
In addition to the matters in subsection (2), in determining whether to issue a surveillance device warrant sought to determine whether to apply for a post‑sentence order in relation to a person, the eligible Judge or nominated ART member must have regard to:
(a)
the likely value of the information sought to be obtained in determining whether to apply for the post‑sentence order; and
(b)
any previous application for a surveillance device warrant sought or issued to determine whether to apply for a post‑sentence order in relation to the person.
(3A)
In addition to the matters in subsection (2), in determining whether to issue a surveillance device warrant sought to determine whether to apply for a Part 9.10 order in relation to a person, the eligible Judge or nominated ART member must have regard to:
(a)
the likely value of the information sought to be obtained in determining whether to apply for the Part 9.10 order; and
(b)
any previous application for a surveillance device warrant sought or issued to determine whether to apply for a Part 9.10 order in relation to the person.
(4)
In addition to the matters in subsection (2), in determining whether to issue a surveillance device warrant sought in a case where a Part 5.3 supervisory order is in force in relation to a person, the eligible Judge or nominated ART member must have regard to:
(a)
the likely value of the information sought to be obtained, in:
(i)
achieving a Part 5.3 object; or
(ii)
determining whether the Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and
(b)
whether the use of the surveillance device in accordance with the warrant would be the means of obtaining the evidence or information sought to be obtained, that is likely to have the least interference with any person’s privacy; and
(c)
if the order is a control order:
(i)
the possibility that the person has engaged, is engaging, or will engage, in a terrorist act; or
(ii)
the possibility that the person has provided, is providing, or will provide, support for a terrorist act; or
(iii)
the possibility that the person has facilitated, is facilitating, or will facilitate, a terrorist act; or
(iv)
the possibility that the person has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or
(v)
the possibility that the person has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country; and
(d)
if the order is an extended supervision order or interim supervision order—the possibility that the person has committed, is committing, or will commit, a serious Part 5.3 offence; and
(e)
in relation to any Part 5.3 supervisory order—the possibility that the person has contravened, is contravening, or will contravene, the order or a succeeding Part 5.3 supervisory order; and
(f)
any previous surveillance device warrant sought or issued on the basis of a Part 5.3 supervisory order that is or was in force in relation to the person.
(5)
In addition to the matters in subsection (2), in determining whether to issue a surveillance device warrant sought in a case where a community safety supervision order is in force in relation to a person, the eligible Judge or nominated ART member must have regard to:
(a)
the likely value of the information sought to be obtained, in:
(i)
achieving a Part 9.10 object; or
(ii)
determining whether the community safety supervision order, or any succeeding community safety supervision order, has been, or is being, complied with; and
(b)
whether the use of the surveillance device in accordance with the warrant would be the means of obtaining the evidence or information sought to be obtained, that is likely to have the least interference with any person’s privacy; and
(c)
the possibility that the person has committed, is committing, or will commit, a serious violent or sexual offence; and
(d)
the possibility that the person has contravened, is contravening, or will contravene, the community safety supervision order or a succeeding community safety supervision order; and
(e)
any previous surveillance device warrant sought or issued on the basis of a community safety supervision order that is or was in force in relation to the person.

17What must a surveillance device warrant contain?

(1)
A surveillance device warrant must:
(a)
state that the eligible Judge or nominated ART member issuing the warrant is satisfied of the matters referred to in subsection 16(1) and has had regard to the matters referred to in subsections 16(2), (3), (3A), (4) and (5) (as the case requires); and
(b)
specify:
(i)
the name of the applicant; and
(ii)
if the warrant relates to one or more alleged relevant offences—the alleged offences in respect of which the warrant is issued; and
(iii)
if the warrant relates to a recovery order—the date the order was made and the name of the child to whom the order relates; and
(iiia)
if the warrant relates to an international assistance authorisation—each offence to which the authorisation relates; and
(iiib)
if the warrant is issued for the purposes of an integrity operation—the integrity authority for the operation and each alleged relevant offence in relation to which the authority was granted; and
(iv)
the date the warrant is issued; and
(v)
the surveillance device or devices authorised to be used; and
(vi)
if the warrant authorises the use of a surveillance device on premises—the premises on which the use of the surveillance device is authorised; and
(vii)
if the warrant authorises the use of a surveillance device in or on an object or class of object—the object or class of object in or on which the use of the surveillance device is authorised; and
(viii)
if the warrant authorises the use of a surveillance device in respect of the conversations, activities or location of a person—the name of the person (if known) or the fact that the person’s identity is unknown; and
(ix)
the period during which the warrant is in force (see subsection (1A)); and
(x)
the name of the law enforcement officer primarily responsible for executing the warrant; and
(xi)
any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant.
(1AA)
If a surveillance device warrant is issued to determine whether to apply for a post‑sentence order in relation to a person, the warrant must also specify the name of the person.
(1AB)
If a warrant is issued on the basis of a Part 5.3 supervisory order that is in force in relation to a person, the warrant must also specify the following details in relation to the order:
(a)
the name of the person;
(b)
the date the order was made;
(c)
if (disregarding section 6C) the order is not already in force and the order is not an interim control order—when the order comes into force;
(d)
whether the order is:
(i)
an interim control order; or
(ii)
a confirmed control order; or
(iii)
an interim supervision order; or
(iv)
an extended supervision order.
(1AC)
If a surveillance device warrant is issued to determine whether to apply for a Part 9.10 order in relation to a person, the warrant must also specify the name of the person.
(1AD)
If a warrant is issued on the basis of a community safety supervision order that is in force in relation to a person, the warrant must also specify the following details in relation to the order:
(a)
the name of the person;
(b)
the date the order was made;
(c)
if (disregarding section 6E) the order is not already in force—when the order comes into force.
(1A)
A warrant may only be issued:
(a)
for a period of no more than 90 days; or
(b)
if the warrant is issued for the purposes of an integrity operation—for a period of no more than 21 days.
Note: The use of a surveillance device pursuant to a warrant may be discontinued earlier: see section 21.
(1B)
To avoid doubt, a warrant issued on the basis that a Part 5.3 supervisory order is in force remains in force for the period mentioned in paragraph (1A)(a) even if the order ceases to be in force, provided that the order is replaced by a succeeding Part 5.3 supervisory order.
Note 1: If there is no succeeding Part 5.3 supervisory order, the warrant must be revoked (see section 21).
Note 2: A control order is not a succeeding Part 5.3 supervisory order in relation to an extended supervision order, and vice versa (see section 6D).
(1C)
To avoid doubt, a warrant issued on the basis that a community safety supervision order is in force remains in force for the period mentioned in paragraph (1A)(a) even if the order ceases to be in force, provided that the order is replaced by a succeeding community safety supervision order.
Note: If there is no succeeding community safety supervision order, the warrant must be revoked (see section 21).
(2)
In the case of a warrant authorising the use of a surveillance device on premises that are vehicles, the warrant need only specify the class of vehicle in relation to which the use of the surveillance device is authorised.
(3)
A warrant must be signed by the person issuing it and include his or her name.
(4)
As soon as practicable after completing and signing a warrant issued on a remote application, the person issuing it must:
(a)
inform the applicant of:
(i)
the terms of the warrant; and
(ii)
the date on which and the time at which the warrant was issued; and
(b)
give the warrant to the applicant while retaining a copy of the warrant for the person’s own record.

18What a surveillance device warrant authorises

(1)
A surveillance device warrant (subject to any conditions specified in it) may authorise one or more of the following:
(a)
the use of a surveillance device on specified premises;
(b)
the use of a surveillance device in or on a specified object or class of object;
(c)
the use of a surveillance device in respect of the conversations, activities or location of a specified person or a person whose identity is unknown.
(2)
A surveillance device warrant authorises:
(a)
for a warrant of a kind referred to in paragraph (1)(a):
(i)
the installation, use and maintenance of a surveillance device of the kind specified in the warrant on the specified premises; and
(ii)
the entry, by force if necessary, onto the premises, and onto other specified premises adjoining or providing access to the premises, for any of the purposes referred to in subparagraph (i) or subsection (3); and
(b)
for a warrant of a kind referred to in paragraph (1)(b):
(i)
the installation, use and maintenance of a surveillance device of the kind specified in the warrant in or on the specified object or an object of the specified class; and
(ii)
the entry, by force if necessary, onto any premises where the object, or an object of the class, is reasonably believed to be or is likely to be, and onto other premises adjoining or providing access to those premises, for any of the purposes referred to in subparagraph (i) or subsection (3); and
(c)
for a warrant of a kind referred to in paragraph (1)(c):
(i)
the installation, use and maintenance of a surveillance device of the kind specified in the warrant, on premises where the person is reasonably believed to be or likely to be; and
(ii)
the entry, by force if necessary, onto the premises, or other premises adjoining or providing access to those premises, for any of the purposes referred to in subparagraph (i) or subsection (3).
(3)
Each surveillance device warrant also authorises:
(a)
the retrieval of the surveillance device; and
(b)
the installation, use, maintenance and retrieval of enhancement equipment in relation to the surveillance device; and
(c)
the temporary removal of an object or vehicle from premises for the installation, maintenance or retrieval of the surveillance device or enhancement equipment and the return of the object or vehicle to the premises; and
(d)
the breaking open of anything for the installation, maintenance or retrieval of the surveillance device or enhancement equipment; and
(e)
the connection of the surveillance device or enhancement equipment to any source of electricity and the use of electricity from that source to operate the device or equipment; and
(f)
the connection of the surveillance device or enhancement equipment to any object or system that may be used to transmit information in any form and the use of that object or system in connection with the operation of the device or equipment; and
(g)
the provision of assistance or technical expertise to the law enforcement officer primarily responsible for the execution of the warrant in the installation, use, maintenance or retrieval of the surveillance device or enhancement equipment.
(4)
A surveillance device warrant may authorise the doing of anything reasonably necessary to conceal the fact that anything has been done in relation to the installation, use, maintenance or retrieval of a surveillance device or enhancement equipment under the warrant.
(5)
A surveillance device warrant may authorise the interference with property of a person who is not the subject of the investigation in respect of which the warrant was issued but, if the interference would be on premises not specified in the warrant, only if the person issuing the warrant is satisfied that it is necessary to do so in order to give effect to the warrant.
(6)
A law enforcement officer may use a surveillance device under a warrant only in the performance of his or her duty.
(7)
Nothing in this section authorises the doing of anything for which a warrant would be required under the Telecommunications (Interception and Access) Act 1979.

19Extension and variation of surveillance device warrant

(1)
A law enforcement officer to whom a surveillance device warrant has been issued (or another person on his or her behalf) may apply, at any time before the expiry of the warrant:
(a)
for an extension of the warrant for a period of no more than:
(i)
90 days after the day the warrant would otherwise expire; or
(ii)
if the warrant is issued for the purposes of an integrity operation—21 days after the day the warrant would otherwise expire; or
(b)
for a variation of any of the other terms of the warrant.
(2)
The application is to be made to an eligible Judge or to a nominated ART member and must be accompanied by the original warrant.
(3)
Sections 14 and 15 apply, with any necessary changes, to an application under this section as if it were an application for the warrant.
(4)
The Judge or member may grant an application if satisfied that the matters referred to in subsection 16(1) still exist, having regard to the matters in subsections 16(2), (3), (3A), (4) and (5) (as the case requires).
(5)
If the Judge or member grants the application, the Judge or member must endorse the new expiry date or the other varied term on the original warrant.
(6)
An application may be made under this section more than once.

20Revocation of surveillance device warrant

(1)
A surveillance device warrant may, by instrument in writing, be revoked by an eligible Judge or nominated ART member on his or her own initiative at any time before the expiration of the period of validity specified in the warrant.
(2)
If the circumstances set out in subsection 21(2), (3) or (3A) apply in relation to a surveillance device warrant, the chief officer of the law enforcement agency to which the law enforcement officer to whom the warrant was issued belongs or is seconded must, by instrument in writing, revoke the warrant.
(3)
The instrument revoking a warrant must be signed by the eligible Judge, the nominated ART member or the chief officer of the law enforcement agency, as the case requires.
(4)
If an eligible Judge or nominated ART member revokes a warrant, he or she must give a copy of the instrument of revocation to the chief officer of the law enforcement agency to which the law enforcement officer to whom the warrant was issued belongs or is seconded.
(5)
If:
(a)
an eligible Judge or nominated ART member revokes a warrant; and
(b)
at the time of the revocation, a law enforcement officer is executing the warrant;
the law enforcement officer is not subject to any civil or criminal liability for any act done in the proper execution of that warrant before the officer is made aware of the revocation.

21Discontinuance of use of surveillance device under warrant

(1)
This section applies if a surveillance device warrant is issued to a law enforcement officer.
Obligations on chief officers
(2)
If:
(a)
the surveillance device warrant has been sought by or on behalf of a law enforcement officer; and
(b)
the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that:
(i)
the use of a surveillance device under the warrant is no longer required for the purpose for which it was sought; or
(ii)
without limiting subparagraph (i), if the warrant was sought for the purposes of an integrity operation—the integrity authority for the integrity operation is no longer in effect; and
(c)
the warrant was not issued to determine whether to apply for a post‑sentence order; and
(d)
the warrant was not issued to determine whether to apply for a Part 9.10 order;
the chief officer must (subject to subsections (3) and (3A)), in addition to revoking the warrant under section 20, take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued.
(3)
The chief officer is required to take steps under subsection (2) in relation to a surveillance device warrant that is issued on the basis of a Part 5.3 supervisory order that was in force in relation to a person only if neither the Part 5.3 supervisory order, nor any succeeding Part 5.3 supervisory order, is in force in relation to the person.

(d)
if subparagraph (a)(ii) applies—before the declaration was made, information was obtained as a result of:
(i)
the purported execution of the authorisation; or
(ii)
the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the authorisation; and
(e)
if subparagraph (a)(iii) applies—before the declaration was made, information was obtained as a result of:
(i)
the purported exercise of the power conferred by subsection 37(4); or
(ii)
the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the purported exercise of the power conferred by subsection 37(4); and
(f)
if subparagraph (a)(iv) applies—before the declaration was made, information was obtained as a result of:
(i)
the purported exercise of the power conferred by subsection 38(3A) or (6), as the case requires; or
(ii)
the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the purported exercise of the power conferred by subsection 38(3A) or (6), as the case requires.
Dealing
(2)
A person may use, communicate or publish the information if:
(a)
the person reasonably believes that doing so is necessary to assist in preventing, or reducing the risk, of:
(i)
the commission of a terrorist act; or
(ii)
serious harm to a person; or
(iii)
serious damage to property; or
(b)
the person does so for one or more purposes set out in subsection (4).
Evidence
(3)
The information may be admitted in evidence in any proceedings if:
(a)
doing so is necessary to assist in preventing, or reducing the risk, of:
(i)
the commission of a terrorist act; or
(ii)
serious harm to a person; or
(iii)
serious damage to property; or
(b)
it is admitted for one or more purposes set out in subsection (4).
Purposes
(4)
The purposes are purposes connected with the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, a preventative detention order law, so far as the function, duty or power relates to a preventative detention order (within the meaning of that preventative detention order law).
Definition
(5)
In this section:
serious harm has the same meaning as in the Criminal Code.
65CEvidence obtained from access to, or disruption of, data under a data disruption warrant etc.
This Act does not prevent evidence obtained from access to, or disruption of, data under:
(a)
a data disruption warrant; or
(b)
an emergency authorisation for disruption of data held in a computer;
from being admissible as evidence in a proceeding relating to a relevant offence.

66Regulations

(1)
The Governor‑General may make regulations prescribing matters:
(a)
required or permitted by this Act to be prescribed; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)
The regulations may impose a penalty, not exceeding 50 penalty units, for a contravention of the regulations.

Schedule 1Amendment of other legislation and transitional and saving provisions

Australian Federal Police Act 1979

Division 2 of Part II

Repeal the Division.

Transitional and saving provision

Despite the repeal of Division 2 of Part II of the Australian Federal Police Act 1979 by item 1 of this Schedule:
(a)
any warrant issued under that Division and in force immediately before the day of that repeal remains in force, according to its terms, after that day as if that Division had not been repealed; and
(b)
any consent by a Judge of a court created by the Parliament to be nominated by the Minister under subsection 12D(2) of the Australian Federal Police Act 1979, being a consent that is in force immediately before the day of that repeal, is to be treated, with effect from that day, as if it were a consent to be declared by the Minister to be an eligible Judge under subsection 12(3) of the Surveillance Devices Act 2004; and
(c)
any nomination by the Minister of a Judge of a court created by the Parliament as a Judge who may issue warrants under section 12G of the Australian Federal Police Act 1979, being a nomination that was in force immediately before the day of that repeal, is to be treated, with effect from that day, as if it were a nomination of that Judge as an eligible Judge for the purposes of section 12 of the Surveillance Devices Act 2004; and
(d)
any nomination by the Minister of a person holding an appointment referred to in subsection 12DA(1) of the Australian Federal Police Act 1979, being a nomination that was in force immediately before the day of that repeal, is taken, with effect from that day, to be a nomination of that person for the purposes of section 13 of the Surveillance Devices Act 2004.
3
Operation of Division 2 of Part II of the Australian Federal Police Act 1979 preserved for limited purposes
Despite the repeal of Division 2 of Part II of the Australian Federal Police Act 1979 by item 1 of this Schedule, that Division is to be treated as continuing to apply in relation to the use of listening devices in respect of offences against the law of the Australian Capital Territory as if:
(a)
the Division had not been repealed; and
(b)
the definitions of class 1 general offence and class 2 general offence and the definition of general offence were limited to offences against the law of the Australian Capital Territory; and
(c)
for the purposes of the continued operation of section 12L of the Australian Federal Police Act 1979:
(i)
sections 219F to 219K of the Customs Act 1901 had not been repealed; and
(ii)
references in section 12L of the Australian Federal Police Act 1979 to general offences, class 1 general offences or class 2 general offences were to be construed as if limited to offences against the law of the Australian Capital Territory.

Customs Act 1901

Division 1A of Part XII

Repeal the Division.

Transitional and saving provision

Despite the repeal of Division 1A of Part XII of the Customs Act 1901 by item 5 of this Schedule:
(a)
any warrant issued under that Division and in force immediately before the day of that repeal remains in force, according to its terms, after that day as if that Division had not been repealed; and
(b)
any consent by a Judge of a court created by the Parliament to be nominated by the Minister under subsection 219AA(1) of the Customs Act 1901, being a consent that is in force immediately before the day of that repeal, is to be treated, with effect from that day, as if it were a consent to be declared by the Minister to be an eligible Judge under subsection 12(3) of the Surveillance Devices Act 2004; and
(c)
any nomination by the Minister of a Judge of a court created by the Parliament as a Judge who may issue warrants under that Division, being a nomination that was in force immediately before the day of that repeal, is to be treated, with effect from that day, as if it were a nomination of that Judge as an eligible Judge for the purposes of section 12 of the Surveillance Devices Act 2004; and
(d)
any nomination by the Minister of a person holding an appointment referred to in subsection 219AB(1) of the Customs Act 1901, being a nomination that was in force immediately before the day of that repeal, is taken, with effect from that day, to be a nomination of that person for the purposes of section 13 of the Surveillance Devices Act 2004.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Surveillance Devices Act 2004	152, 2004	15 Dec 2004	15 Dec 2004 (s 2)
Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005	129, 2005	8 Nov 2005	Sch 1 (items 68, 69, 75, 76): 6 Dec 2005 (s 2(1) item 2)	Sch 1 (items 75, 76)
Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Act 2005	136, 2005	15 Nov 2005	16 Nov 2005 (s 2)	—
Anti‑Terrorism Act (No. 2) 2005	144, 2005	14 Dec 2005	Sch 7 (items 15–18): 11 Jan 2006 (s 2(1) item 7) Sch 9 (item 24): never commenced (s 2(1) item 19)
as amended by
Anti‑Money Laundering and Counter‑Terrorism Financing (Transitional Provisions and Consequential Amendments) Act 2006	170, 2006	12 Dec 2006	Sch 1 (item 11): 14 Dec 2005 (s 2(1) item 3)	—
Statute Law Revision Act 2006	9, 2006	23 Mar 2006	Sch 1 (items 25, 26): 15 Dec 2004 (s 2(1) item 17)	—
Telecommunications (Interception) Amendment Act 2006	40, 2006	3 May 2006	Sch 1 (items 23, 24): 13 June 2006 (s 2(1) item 2)	—
Law Enforcement Integrity Commissioner (Consequential Amendments) Act 2006	86, 2006	30 June 2006	Sch 1 (items 60–70): 30 Dec 2006 (s 2(1))	—
Anti‑Money Laundering and Counter‑Terrorism Financing (Transitional Provisions and Consequential Amendments) Act 2006	170, 2006	12 Dec 2006	Sch 1 (item 158): 13 Dec 2006 (s 2(1) item 24)	—
Law and Justice Legislation Amendment (Marking of Plastic Explosives) Act 2007	3, 2007	19 Feb 2007	Sch 3 (item 6): 25 Aug 2007 (s 2(1) item 2)	—
Anti‑Money Laundering and Counter‑Terrorism Financing Amendment Act 2007	52, 2007	12 Apr 2007	Sch 1 (items 63, 64): 13 Apr 2007 (s 2(1) items 7, 8)	—
Fisheries Legislation Amendment Act 2007	104, 2007	28 June 2007	Sch 4: 26 July 2007 (s 2(1) item 5)	—
Telecommunications Interception Legislation Amendment Act 2008	95, 2008	3 Oct 2008	Sch 1: 4 Oct 2008 (s 2(1) item 2)	Sch 1 (items 9, 10)
Telecommunications Interception Legislation Amendment Act (No. 1) 2009	32, 2009	22 May 2009	Sch 2 (item 1): 23 May 2009(s 2(1) item 3)	—
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010	4, 2010	19 Feb 2010	Sch 7 (items 24, 29): 20 Feb 2010 (s 2(1) item 2)	Sch 7 (item 29)
Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010	42, 2010	14 Apr 2010	Sch 1 (items 72–74): 15 Apr 2010 (s 2(1) item 2)	Sch 1 (item 74)
Anti‑People Smuggling and Other Measures Act 2010	50, 2010	31 May 2010	Sch 1 (items 14–16): 1 June 2010 (s 2)	Sch 1 (item 16)
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Sch 2 (items 1099–1101) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 11, 12)	Sch 3 (items 10, 11)
Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012	7, 2012	20 Mar 2012	Sch 3 (items 51, 52, 54–69) and Sch 4 (item 4): 20 Sept 2012 (s 2(1) items 8, 10, 14) Sch 3 (item 53): never commenced (s 2(1) item 9)	Sch 3 (item 69)
Crimes Legislation Amendment (Powers and Offences) Act 2012	24, 2012	4 Apr 2012	Sch 4 (item 53): 5 Apr 2012 (s 2(1) item 7)	—
Statute Law Revision Act 2012	136, 2012	22 Sept 2012	Sch 6 (items 76–79): 22 Sept 2012 (s 2(1) item 37)	—
Law Enforcement Integrity Legislation Amendment Act 2012	194, 2012	12 Dec 2012	Sch 1 (items 47–78, 91(1), (2)): 13 Dec 2012 (s 2(1) item 4)	Sch 1 (item 91(1), (2))
Statute Law Revision Act (No. 1) 2014	31, 2014	27 May 2014	Sch 4 (item 54): 24 June 2014 (s 2(1) item 9)	—
National Security Legislation Amendment Act (No. 1) 2014	108, 2014	2 Oct 2014	Sch 2 (item 54): 30 Oct 2014 (s 2(1) item 2)	—
Statute Law Revision Act (No. 1) 2015	5, 2015	25 Feb 2015	Sch 1 (item 42): 25 Mar 2015 (s 2(1) item 2)	—
Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Act 2015	12, 2015	5 Mar 2015	Sch 6 (item 16): 6 Mar 2015 (s 2(1) item 7)	—
Customs and Other Legislation Amendment (Australian Border Force) Act 2015	41, 2015	20 May 2015	Sch 5 (items 149–151) and Sch 9): 1 July 2015 (s 2(1) items 2, 9)	Sch 5 (item 151) and Sch 9
as amended by
Australian Border Force Amendment (Protected Information) Act 2017	115, 2017	30 Oct 2017	Sch 1 (item 26): 1 July 2015 (s 2(1) item 2)	—
Tribunals Amalgamation Act 2015	60, 2015	26 May 2015	Sch 8 (item 44) and Sch 9: 1 July 2015 (s 2(1) items 19, 22)	Sch 9
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 595): 5 Mar 2016 (s 2(1) item 2)	—
Statute Law Revision Act (No. 2) 2015	145, 2015	12 Nov 2015	Sch 1 (item 15): 10 Dec 2015 (s 2(1) item 2)	—
Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015	153, 2015	26 Nov 2015	Sch 15 (items 14–31): 27 Nov 2015 (s 2(1) item 3)	Sch 1 (item 30)
Counter‑Terrorism Legislation Amendment Act (No. 1) 2016	82, 2016	29 Nov 2016	Sch 10: 30 Nov 2016 (s 2(1) item 2)	—
Law Enforcement Legislation Amendment (State Bodies and Other Measures) Act 2016	86, 2016	30 Nov 2016	Sch 1 (items 1, 56–58) and Sch 2 (items 5, 6): 1 Dec 2016 (s 2(1) items 2, 4, 5) Sch 1 (items 37–41, 54, 55): 1 July 2017 (s 2(1) item 3)	Sch 1 (items 1, 39–41, 54–58)
Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016	95, 2016	7 Dec 2016	Sch 2 (item 1): 7 June 2017 (s 2(1) item 3)	—
Home Affairs and Integrity Agencies Legislation Amendment Act 2018	31, 2018	9 May 2018	Sch 2 (items 182–187, 284): 11 May 2018 (s 2(1) items 3, 7)	Sch 2 (item 284)
Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018	34, 2018	22 May 2018	Sch 1 (items 5, 6, 11, 84–100): 22 Nov 2018 (s 2(1) item 2)	Sch 1 (items 11, 100)
Investigation and Prosecution Measures Act 2018	37, 2018	22 May 2018	Sch 1 (items 1, 11–18): 22 May 2018 (s 2(1) item 2)	Sch 1 (items 1, 12–18)
National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018	67, 2018	29 June 2018	Sch 1 (items 49, 50): 30 June 2018 (s 2(1) item 2)	—
Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018	148, 2018	8 Dec 2018	Sch 2 (items 27–60, 60A, 61–88, 90, 91, 91A, 92–104, 104A, 105–111, 111A, 112, 113, 113A, 113B, 114–119, 132, 135–146): 9 Dec 2018 (s 2(1) items 4, 5)	Sch 2 (items 132, 146)
Combatting Child Sexual Exploitation Legislation Amendment Act 2019	72, 2019	20 Sept 2019	Sch 2 (item 8): 21 Sept 2019 (s 2(1) item 3)	—
Anti‑Money Laundering and Counter‑Terrorism Financing and Other Legislation Amendment Act 2020	133, 2020	17 Dec 2020	Sch 1 (item 122): 17 June 2022 (s 2(1) item 3)	—
Telecommunications Legislation Amendment (International Production Orders) Act 2021	78, 2021	23 July 2021	Sch 1 (item 46): 24 July 2021 (s 2(1) item 4)	—
Surveillance Legislation Amendment (Identify and Disrupt) Act 2021	98, 2021	3 Sept 2021	Sch 1 (items 1–51), Sch 2 (items 1–32) and Sch 5 (items 1–6): 4 Sept 2021 (s 2(1) items 2–4)	—
Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021	131, 2021	8 Dec 2021	Sch 1 (items 211–312): 9 Dec 2021 (s 2(1) item 2)	—
National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022	89, 2022	12 Dec 2022	Sch 1 (items 188–200B) and Sch 2 (items 1, 30, 31): 1 July 2023 (s 2(1) items 2, 3)	Sch 2 (items 1, 30, 31)
Crimes and Other Legislation Amendment (Omnibus) Act 2023	63, 2023	13 Sept 2023	Sch 10 (items 7, 8): 14 Sept 2023 (s 2(1) item 8)	—
Inspector‑General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2023	73, 2023	20 Sept 2023	Sch 1 (item 199) and Sch 3 (item 2): 21 Sept 2023 (s 2(1) items 2, 5)	Sch 3 (item 2)
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023	74, 2023	20 Sept 2023	Sch 3 (item 14): 18 Oct 2023 (s 2(1) item 3)	—
Australian Citizenship Amendment (Citizenship Repudiation) Act 2023	109, 2023	7 Dec 2023	Sch 1 (item 17): 8 Dec 2023 (s 2(1) item 1)	—
Migration and Other Legislation Amendment (Bridging Visas, Serious Offenders and Other Measures) Act 2023	110, 2023	7 Dec 2023	Sch 2 (items 6–82, 132): 8 Dec 2023 (s 2(1) item 1)	Sch 2 (item 132)
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024	39, 2024	31 May 2024	Sch 2 (items 103–163): 14 Oct 2024 (s 2(1) item 2)	—
Anti‑Money Laundering and Counter‑Terrorism Financing Amendment Act 2024	110, 2024	10 Dec 2024	Sch 11 (item 35): 7 Jan 2025 (s 2(1) item 13)	—

Endnote 4Amendment history

Provision affected	How affected
Title...........................................	am No 148, 2018; No 98, 2021
Part 1
s 3.............................................	am No 9, 2006; No 82, 2016; No 148, 2018; No 98, 2021; No 131, 2021
ed C49
am No 110, 2023
s 4.............................................	am No 82, 2016; No 148, 2018; No 98, 2021; No 131, 2021; No 110, 2023
s 6.............................................	am No 86, 2006; No 170, 2006; No 52, 2007; No 104, 2007; No 95, 2008; No 32, 2009; No 4, 2010; No 7, 2012; No 24, 2012; No 194, 2012; No 12, 2015; No 41, 2015; No 153, 2015; No 82, 2016; No 95, 2016; No 34, 2018; No 148, 2018 (amdt never applied (Sch 2 items 40, 41)); No 133, 2020; No 98, 2021; No 131, 2021; No 89, 2022; No 63, 2023; No 74, 2023; No 110, 2023; No 39, 2024; No 110, 2024
s 6A...........................................	ad No 95, 2008
rs No 153, 2015
am No 82, 2016; No 86, 2016; No 37, 2018; No 89, 2022; No 63, 2023
s 6B...........................................	ad No 95, 2008
am No 89, 2022
s 6C...........................................	ad No 82, 2016
rs No 131, 2021
s 6D...........................................

ad No 82, 2016
rs No 131, 2021
s 6E...........................................	ad No 110, 2023
s 6F...........................................	ad No 110, 2023
s 7A...........................................	ad No 98, 2021
Part 2
Division 1
s 10............................................	am No 148, 2018; No 98, 2021
s 11............................................	rs No 89, 2022
am No 39, 2024
s 12............................................	am No 126, 2015; No 31, 2018; No 89, 2022
s 13............................................	am No 60, 2015; No 31, 2018; No 89, 2022; No 39, 2024
Division 2
s 14............................................	am No 7, 2012; No 194, 2012; No 82, 2016; No 34, 2018; No 131, 2021; No 110, 2023; No 39, 2024
s 15............................................	am No 31, 2014; No 39, 2024
s 16............................................	am No 7, 2012; No 194, 2012; No 82, 2016; No 34, 2018; No 131, 2021; No 110, 2023; No 39, 2024
s 17............................................	am No 7, 2012; No 194, 2012; No 82, 2016; No 34, 2018; No 131, 2021; No 110, 2023; No 39, 2024
s 18............................................	am No 40, 2006
s 19............................................	am No 194, 2012; No 131, 2021; No 110, 2023; No 39, 2024
s 20............................................	am No 7, 2012; No 194, 2012; No 82, 2016; No 131, 2021; No 110, 2023; No 39, 2024
s 21............................................	am No 7, 2012; No 194, 2012; No 82, 2016; No 34, 2018; No 131, 2021; No 110, 2023; No 39, 2024
Division 3
s 22............................................	am No 136, 2005; No 39, 2024
s 23............................................	am No 31, 2014; No 39, 2024
s 24............................................	am No 39, 2024
s 25............................................	am No 39, 2024
s 27............................................	am No 39, 2024
Division 4
Division 4..................................	ad No 148, 2018
s 27A.........................................	ad No 148, 2018
am No 148, 2018; No 131, 2021; No 110, 2023; No 39, 2024
s 27B.........................................	ad No 148, 2018
am No 39, 2024
s 27C.........................................	ad No 148, 2018
am No 148, 2018; No 131, 2021; No 110, 2023; No 39, 2024
s 27D.........................................	ad No 148, 2018
am No 148, 2018
ed C45
am No 131, 2021; No 110, 2023; No 39, 2024
s 27E.........................................	ad No 148, 2018
am No 148, 2018
ed C45
am No 131, 2021; No 110, 2023; No 39, 2024
s 27F..........................................	ad No 148, 2018
am No 131, 2021; No 110, 2023; No 39, 2024
s 27G.........................................	ad No 148, 2018
am No 131, 2021; No 110, 2023; No 39, 2024
s 27H.........................................	ad No 148, 2018
am No 148, 2018; No 131, 2021; No 110, 2023; No 39, 2024
s 27J..........................................	ad No 148, 2018
Division 5
Division 5..................................	ad No 98, 2021
exp 3 Sept 2026 (s 27KAA)
s 27KAA....................................	ad No 98, 2021
exp 3 Sept 2026 (s 27KAA)
s 27KA......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KAA)
s 27KB.......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KAA)
s 27KBA....................................	ad No 98, 2021
exp 3 Sept 2026 (s 27KAA)
s 27KBB....................................	ad No 98, 2021
exp 3 Sept 2026 (s 27KAA)
s 27KC.......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KAA)
s 27KD......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KAA)
s 27KE.......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KAA)
s 27KF.......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KAA)
s 27KG......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KAA)
s 27KH......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KAA)
s 27KJ........................................	ad No 98, 2021
exp 3 Sept 2026 (s 27KAA)
Division 6
Division 6..................................	ad No 98, 2021
exp 3 Sept 2026 (s 27KKA)
s 27KKA....................................	ad No 98, 2021
exp 3 Sept 2026 (s 27KKA)
s 27KK......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KKA)
s 27KL.......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KKA)
s 27KM......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KKA)
s 27KN......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KKA)
s 27KP.......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KKA)
s 27KQ......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KKA)
s 27KR.......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KKA)
s 27KS.......................................	ad No 98, 2021
am No 39, 2024
exp 3 Sept 2026 (s 27KKA)
s 27KT.......................................	ad No 98, 2021
exp 3 Sept 2026 (s 27KKA)
Part 3
s 27KU......................................	ad No 98, 2021
s 28............................................	am No 31, 2014; No 148, 2018; No 98, 2021
(1C), (1D) exp 3 Sept 2026 (s 27KU(1))
s 29............................................	am No 31, 2014; No 148, 2018
s 30............................................	am No 129, 2005; No 144, 2005; No 3, 2007; No 42, 2010; No 50, 2010; No 31, 2014; No 5, 2015; No 67, 2018; No 148, 2018; No 72, 2019
s 31............................................	am No 126, 2015
s 32............................................	am No 40, 2006; No 148, 2018; No 98, 2021
s 33............................................	am No 126, 2015; No 148, 2018; No 98, 2021; No 89, 2022; No 39, 2024
s 34............................................	am No 148, 2018; No 98, 2021; No 39, 2024
s 35............................................	am No 148, 2018; No 39, 2024
s 35A.........................................	ad No 148, 2018
am No 39, 2024
s 35B.........................................	ad No 98, 2021
am No 39, 2024
s 36............................................	am No 148, 2018; No 98, 2021
s 36A.........................................	ad No 98, 2021
Part 4
s 37............................................	am No 9, 2006; No 86, 2006; No 82, 2016; No 131, 2021; No 89, 2022; No 110, 2023
s 38............................................	am No 86, 2006; No 82, 2016
ed C47
am No 131, 2021; No 89, 2022; No 110, 2023
s 39............................................	am No 136, 2005; No 194, 2012; No 82, 2016; No 131, 2021; No 110, 2023
s 40............................................	am No 194, 2012; No 126, 2015; No 82, 2016; No 131, 2021; No 110, 2023
Part 5
s 41............................................	am No 46, 2011; No 148, 2018; No 98, 2021
s 42............................................	am No 104, 2007; No 126, 2015; No 31, 2018; No 148, 2018; No 78, 2021; No 39, 2024
s 43A.........................................	ad No 148, 2018
am No 98, 2021; No 39, 2024
s 43B.........................................	ad No 148, 2018
s 43C.........................................	ad No 98, 2021
am No 39, 2024
s 43D.........................................	ad No 98, 2021
s 43E.........................................	ad No 98, 2021
am No 39, 2024
Part 6
Division 1
s 44............................................	am No 46, 2011; No 148, 2018; No 98, 2021; No 39, 2024
s 44A.........................................	ad No 98, 2021
s 45............................................	am No 7, 2012; No 194, 2012; No 108, 2014; No 145, 2015; No 153, 2015; No 82, 2016; No 34, 2018; No 98, 2021; No 131, 2021; No 73, 2023; No 109, 2023; No 110, 2023
s 45A.........................................	ad No 194, 2012
am No 89, 2022
s 45B.........................................	ad No 98, 2021
s 46............................................	am No 194, 2012; No 148, 2018; No 98, 2021
s 46AA......................................	ad No 98, 2021
s 46A.........................................	ad No 82, 2016
am No 148, 2018; No 131, 2021
s 46B.........................................	ad No 110, 2023
s 47A.........................................	ad No 148, 2018
am No 98, 2021
s 47B.........................................	ad No 98, 2021
Division 2
s 49............................................	am No 194, 2012; No 82, 2016; No 148, 2018; No 98, 2021; No 131, 2021
ed C49
am No 110, 2023
s 49A.........................................	ad No 82, 2016
am No 148, 2018
rs No 131, 2021
am No 110, 2023
s 49B.........................................	ad No 148, 2018
s 49C.........................................	ad No 98, 2021
s 49D.........................................	ad No 98, 2021
s 50............................................	am No 7, 2012; No 82, 2016; No 34, 2018; No 148, 2018; No 98, 2021
s 50A.........................................	ad No 82, 2016
am No 148, 2018; No 131, 2021; No 110, 2023
s 51............................................	am No 82, 2016; No 148, 2018; No 98, 2021
s 52............................................	am No 126, 2015; No 82, 2016; No 148, 2018; No 98, 2021; No 110, 2023
s 53............................................	am No 7, 2012; No 194, 2012; No 126, 2015; No 82, 2016; No 34, 2018; No 148, 2018; No 131, 2021; No 110, 2023; No 39, 2024
Division 3
s 55............................................	am No 82, 2016; No 148, 2018; No 98, 2021; No 131, 2021; No 110, 2023
s 61............................................	am No 82, 2016; No 131, 2021; No 110, 2023
s 61A.........................................	ad No 82, 2016
am No 131, 2021; No 110, 2023
Division 4
s 62............................................	am No 148, 2018; No 98, 2021
Part 7
s 64............................................	am No 86, 2006; No 148, 2018; No 98, 2021; No 89, 2022
s 64A.........................................	ad No 148, 2018
am No 148, 2018
ed C45
am No 98, 2021; No 131, 2021; No 89, 2022; No 110, 2023; No 39, 2024
s 64B.........................................	ad No 98, 2021
am No 39, 2024
s 65............................................	am No 148, 2018; No 98, 2021
s 65A.........................................	ad No 82, 2016
am No 148, 2018; No 131, 2021
s 65B.........................................	ad No 82, 2016
am No 148, 2018; No 131, 2021
s 65C.........................................	ad No 98, 2021
Schedule 1
Schedule 1..................................	am No 136, 2012